Legal Question in Family Law in Indiana

Can I change the ''new'' court order?

I moved to ND in Sept(03) and went to court in Dec(03) in IN for a modifaction of custdy. My child's real father took us to court and was asking for sole custody-my child is 2yrs old and will turn 3 in May. The judge ended up deciding to let me have sole and legal custody and the father visitation. This is the visitation schedule- 3wks at Christmas and 3mths in the summer. Alternating Thanksgivng and Christmas. My question is-we will have soon lived in ND for 6mths in March and DO NOT want my child going there for 3 mths or any time for that matter and was wondering what are my options of changing the visitation to ND law instead of IN law-if thats even possible. Or did I mess up and should have waited the 6mths and moved the hearing here? Need advice-fast


Asked on 1/21/04, 4:22 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Can I change the ''new'' court order?

As long as one parent remains residing in Indiana, you cannot get the case moved to the state you moved to for determination of visitation rights. It would make no difference whether you had "waited" a certain time after you moved, because Indiana law requires that you notify the court of a proposed move promptly, not several months later. If the other parent has moved away from Indiana, you should have your decree registered in the new state where you reside for enforcement purposes. I want to caution you that refusal to comply with visitation orders frequently results in loss of custody. Be very careful in deciding that you do not want your child to have contact with his other parent.

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Answered on 1/22/04, 9:31 am


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